Can the Employer notify a CE under NEC3 ECSC?
The full form (ECC) clause 61.1 requires the contractor to notify a CE at the same time as giving an instruction. The short form (ECSC) does not contain this clause, but it does say the contractor...
View ArticleCorrection of Defects and Design Limitations
A new build school with the contract let under NEC3 ECC Option A, with the C responsible for the whole of the design and developing it in accordance with the E’s WI provided. Worth mentioning that the...
View ArticleAnswered: Assessment of CE quotation is challenged by Contractor
Under the ECC form, the simple answer is that the Project Manager can make their own assessment of the compensation event, under clause 64.1, if they decide that the Contractor has not assessed the...
View ArticleNEC3 Subcontract - X7 used but 'not applicable'
The Subcontract Data Part 1 states that X7 is one of the secondary option clauses used, however further down it states that If Option X7 is used (but not if Option X5 is also used) Delay damages for...
View ArticleNEC3 Option A - Accepted Programme
I've recently joined a project and there is confusion on which programme is the 1st Accepted Programme. Some background: The Works commenced in Dec 2017, however the Contract was only signed in Oct...
View ArticleAnswered: NEC ECC: Contract breach and the programme
The Contractor should be showing the actual progress achieved and the effect upon the remaining work. If they have taken a punt and started something early before acceptance, then that is what they...
View ArticleAnswered: NEC ECC: Option A - what level of detail is the PM liable to issue...
If the PM is making their own assessment then it needs to be in enough detail to convince the Contractor that it is correct, otherwise they are more likely to want to take the matter to adjudication....
View ArticleAnswered: NEC3 Option A - Accepted Programme
If there is a programme referenced in contract data part 2 of a signed contract then that is the first accepted programme. Clause 50.3 which allows the withholding of 25% for the first programme only...
View ArticleAnswered: NEC ECC: Do Labour rates in the SSOCC include the direct fee?
Under the SSoCC you calculate the People rate and then apply the percentage for people overheads stated in the Contract Data. Equipment costs are calculated in accordance with component 2 and then you...
View ArticleAnswered: NEC ECS: Scope Definition
Unfortunately, a lack of precision (probably due to a lack of understanding) of what is Works Information and what is Site Information and hence specifying/referencing it correctly is quite common and...
View ArticleAnswered: NEC ECSC: Can the Employer notify a CE ?
Interesting question. In practice you would like to think the answer is yes, but as ever we are looking to follow the rules of the contract. As you say, 61.1 says the Contractor can notify if the...
View ArticleAnswered: NEC3 Subcontract - X7 used but 'not applicable'
Inserting 'Not Applicable' for the delay damages amount is likely to be interpreted as meaning that contractual (pre-determined amount) delay damages do not apply. Unless there is some express...
View ArticleAnswered: NEC ECC: With respect to NEC contracts what does SCN's refer to
No idea. NEC is not big on TLS's (three letter acronyms) and I cant think what that might stand for, but I can assure you that is not a common abbreviation.
View ArticleAnswered: NEC ECC- CE assessment without an accepted Programme
If a programme was stated in Contract Data Part 2 then that is the Accepted Programme, although it may not be of much value in assessing compensation events, although at least a starting point. If...
View ArticleAnswered: NEC ECC: Conflict between Framework and PSC or ECC contract
You can effectively divide the obligations of the contractor into 3 groups : those of a Supplier as listed in the Framework Contract (assuming it is an NEC contract); those as a Contractor under the...
View ArticleAnswered: NEC PSC: CE Assessment Implementation
I am assuming this is NEC3 as you reference the 'Employer' being the one administrating the contract. There is no express provision allowing the Employer to change their mind under the, BUT...
View ArticleAnswered: NEC ECS: Works Information referred to in Contract Data - Conflict
This sounds like a dog's dinner of a contract and underlines the importance of a clear contract (in its entirety) so that both Parties know what they are signing up to ... in fact one question is :...
View ArticleNEC ECC: BoQ items doubled up?
Option B:- alot of items within the BoQ are already accounted for within the MOM e.g subbase for both backfill of drainage works and reinstating. The Contractor claims that this is subject to a large...
View ArticleAnswered: NEC ECC: Working Areas after Completion Date
As defined, the Working Areas are necessary to Provide the Works, and are used for work in the contract, which may be both before and after Completion As People are required to be within the Working...
View ArticleAnswered: NEC4 Framework Contract - can it be amended for a Subcontractor?
A1 : Yes, it is practicable as in you just put what you propose in as a part of the additional conditions of contract at the bottom of page 3. Alternatively, are far more simply, you say in the entries...
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